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Author(s):  
Zoia Zahynei-Zabolotenko ◽  
◽  
Pavlo Demiak ◽  

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.


2021 ◽  
pp. 118-128
Author(s):  
Ajibade Olalekan Eyitayo ◽  
Olabode Bolanle Motunrayo

The study examines the role of local governments as a training ground for national political leadership in Nigeria expending Yewa South Local Government as a study. Survey research design was adopted in conducting this research and relies on primary and secondary sources for data collection. The population for this study consists of employees of Yewa South Local Government council. The primary data came from the one hundred and six (106) questionnaires that were administered to the respondents. The research showed that local governments serve as a training ground for national political leadership in Nigeria expending Yewa South Local Government as a research. This was further supported when out of 102 respondents sampled, 40% of the respondents strongly agreed that indigenous government functions as guidance in lieu of national political leadership. The aforementioned was also discovered that local governments have significantly facilitated national political leadership in Nigeria. The paper concludes by saying that ifthe qualities of governance defies in Nigeria are to be transcended, Nigerian frontrunners must eschew self-regarding inclinations and stimulate the conjoint good of the Nigerian people through people oriented governance. The paper therefore recommends that concerted exertions must be geared in the direction of certifying that they are audacious and determined leaders, fortified to tackle these challenges: reviving local governance; guaranteeing resilient democratic culpability; constructing civil society; creating hard-hitting choices amid compressions; decentralizing power to indigenous people; endorsing equality; and undertaking disparity.


2021 ◽  
Vol 7 (6) ◽  
pp. 5937-5949
Author(s):  
Meng Xiangyu ◽  
Liu Shangli ◽  
Liu Zheng

Under the background of the smoking ban China, the quantitative analysis of policy texts is adopted to analyze 90 existing policy texts that are closely related to the government's purchase of public sports services in China. A two-dimensional analysis framework of policy instruments is constructed in this paper to analyze the government's purchase of public sports services policy from the perspective of the Y dimension of the policy instruments, which includes three participants: government departments, social organizations and individual citizens, and the X dimension of the economic, political, administrative, management and social policy instruments, revealing the concrete performance of the government's purchase of public sports services policy as the transformation of government functions. Some problems such as insufficient use of some policy instruments in the policy text and further improvement of the management system are found, and corresponding suggestions are put forward in order to provide theoretical reference for policy improvement.


2021 ◽  
Vol 12 (6) ◽  
pp. s560-s583
Author(s):  
Daiva Bickauske ◽  
Saulius Kromalcas ◽  
Zaneta Simanaviciene ◽  
Larysa Sergiienko ◽  
Tetiana Baranovska

The digital transformation is now a reality in Moldova, as Moldova has begun to transfer social, legal, and civil service delivery online. Sped-up digitalization can be expected to create new business models and opportunities for digital jumping in traditional industries. The Coronavirus crisis has highlighted the need for support and investments in digital transformation and effective digital governance, especially to guarantee the continuity and delivery of core government functions. The digital transformation is changing not just business models but the methods of production and distribution and the industry's competitiveness. Further analysis has been made to generate specific steps/recommendations regarding the digitization of the Moldova industry. The interview with experts who work closely in digitalization or competitiveness was done, and the SWOT analysis was done. Based on the research made, the recommendations for Moldova were prepared and presented in this article.


2021 ◽  
Vol 7 (4) ◽  
pp. 515-524
Author(s):  
Muhamad Abdulah Sidiq

Local government is the authority of the autonomous regions to organize and manage the interests of local people according to their own initiative based on community aspirations in accordance with the laws and regulations. In response to the demands of government reform quite quickly, it has undertaken a sufficiently fundamental breakthrough of the various laws in the political field from the centralist-autoritarian to the autonomous-democratic. After successfully compiling the three laws on the political field that became the basis of the election in 1999 the government immediately followed him with a new law in the field of special politics on power relations between the central and local, namely Law no. 22 of 1999 on Regional Government and Law No. 25 of 1999 on Financial Relations between Central and Regional. The formation of regions is basically intended to improve public services in order to accelerate the realization of community welfare as well as political education at the local level. Considerations and other conditions that enable the area to organize and realize the purpose of the establishment of the region and the granting of regional autonomy. The Government may designate special areas in the autonomous regions to carry out specific government functions that are specific to national and / or national-scale interests "special" for the interests and benefit of Indonesia. One of these special autonomous regions is the Special Region of Yogyakarta that has been recognized special autonomous region in Law No.13 of 2012 on the privilege of Yogyakarta. 


2021 ◽  
Vol 4 (2) ◽  
pp. 142-150
Author(s):  
Nefa Wahyuning Anggraini ◽  
Dhanny Septimawan Sutopo

Every government program certainly has the support of the local government to the bottom, such as the village government. Likewise, with the Village Building Index (IDM) program, of course, every local government is racing to succeed even, by all means, will try to get achievements from the program. But in the Ngroto Village Government, by carrying out village government functions as usual, by existing rules get achievements as a village with the highest IDM score at the National level in 2018.  This research uses qualitative methods with the approach of intrinsic case study Robert K. Yin. Indeed, this approach received a lot of criticism since its emergence because it was considered weak analysis, not objective, and full of bias,  but in research not only “why,” but also “how” Ngroto Village Government with its habit got maximum results. With this approach, researchers can explore and elaborate in-depth and comprehensively.  The case study wants to know more deeply when the village government is not oriented towards achievement or achievement can become the village government with the highest national score. The village government applies legal regulations such as the implementation of musdes and musdus to filter aspirations and involve the community in planning development programs (participatory). Such efforts continue to be carried out by the village government to achieve achievements and are now a pilot center for other village governments.


2021 ◽  
Vol 4 ◽  
pp. 180
Author(s):  
Alexandra Nastase ◽  
Alok Rajan ◽  
Ben French ◽  
Debarshi Bhattacharya

Technical assistance has been at the heart of development assistance provided to country governments by donor agencies over the past several decades. The current debates on reimagining technical assistance focus on the existing challenges of the different types of technical assistance and the (re)construction of an ideal model for delivering this type of support, with little discussion about the dilemmas involved in making day-to-day decisions and trade-offs in implementation. This article presents technical assistance as a policy option for governments and details the existing models of delivering technical assistance, their limitations, and the required enabling conditions. The models presented focus on the type of role for the technical advisers- as doers (performing government functions), partners (working with the government to perform a specific role) and facilitators (enabling and facilitating change programmes to address wicked problems). Finally, the paper provides a practical account of the implications of the programme design and suggests potential opportunities for change particularly in the context of COVID-19 pandemic. It complements an open letter on the practical account of the current challenges in the design and implementation of technical assistance programmes.


2021 ◽  
pp. 141-158
Author(s):  
Filip Zygmunt Wichrowski

This paper aims to determine the directions of development of the profession of restructuring advisor in Poland. The analysis of the law regulating this profession will help answer the question of whether in its present form the profession of restructuring adviser has the character of a profession of public trust in accordance with Article 17(1) of the Polish Constitution. These findings are important for determining whether the legislator should create a self-governing body of restructuring advisors, which should be a key element in establishing the principles of the profession. A direction of the discussion defined in such a way first requires a historical and legal analysis of the legislation relating to a bankruptcy administrator. This analysis culminates in a description of the process of transformation of the profession of a bankruptcy administrator into the profession of a restructuring advisor and an analysis of the current legislation, which allows determining the nature of the profession of restructuring advisor. The paper deals with the issues of how the professional self-government functions, and the ethics of the profession of restructuring adviser. It discusses the problems of currently operating organizations bringing together persons performing the profession of restructuring adviser, their status, and the validity of the legal acts issued by these entities.The above remarks on Polish legislation are contrasted with the legal situation in the Federal Republic of Germany to show the extent of the changes in this legislation in Poland over the last thirty years. In this article, attention is drawn to the need to enact additional legislation in this field in Poland. Future directions of the development of the profession of restructuring advisor as a profession of public trust are also evaluated through an analysis of both Polish constitutional law and European Union law, in particular,Directive 2019/1023 of the European Parliament and the Council relating to restructuring and bankruptcy.


2021 ◽  
pp. 67-82
Author(s):  
Fábia Trentin ◽  
Claudia Corrêa de Almeida Moraes ◽  
Isabela de Fátima Fogaça ◽  
Carlos Alberto Lidizia Soares

Author(s):  
Rochine Melandri Steenkamp

This article questions the extent to which municipal bylaws aimed at cultural heritage resource management (CHRM) reflect the objectives of the Constitution of the Republic of South Africa, 1996 (the Constitution), national legislation and the discourse on cultural governance more broadly. In terms of Schedule 4A of the Constitution, the function of "cultural matters" is not an original power of local government.  It is a function assigned to the national and provincial spheres. Municipalities are assumed, however, to have a responsibility to execute aspects of this function that may be incidental to other typical local government functions. This view finds support in the interpretation of various rights in the Constitution (e.g. sections 15, 30, 31 and 24) as well as the heritage, environmental and local government framework legislation and policy documents of South Africa. The premise of this article is that cultural heritage resource management by way of instruments such as bylaws promotes the overarching objectives of local government, such as sustainable development, while also promoting the rights to culture, language and religion, amongst others. To expand on its theoretical basis, this article provides a critical assessment of the bylaws of the City of Cape Town Metropolitan Municipality


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